Arizona court ruling in gay-divorce case could redefine parent – Arizona News

Arizona court ruling in gay-divorce case could redefine parent – Arizona News

CLOSE

Here is a guide to understanding LGBT terms.
Sara Snyder, USA TODAY

A dispute in a custody battle between a same-sex couple could impact thousands of Arizona children born via artificial insemination — regardless of the sexual orientation of their parents. 

The case before the Arizona Supreme Court — and numerous others making nearly identical arguments in Arizona and nationwide  — is part of ongoing efforts to reinterpret Arizona laws following U.S. Supreme Court rulings granting same-sex couples the right to marry.

“Anytime the U.S. Supreme Court does something, they leave these open-ended statements and ideas and the lower courts have to fill in the blanks,” said Keith Berkshire, a Phoenix attorney representing a biological mother in one of the custody cases. “There’s this second wave of litigation.”

RELATED: Allhands: How a lesbian divorce case could redefine parenthood

Broadly, the debate is whether the U.S. Supreme Court ruling two years ago legalizing marriage for same-sex couples required states to interpret all laws relating to marriage — from divorce and child custody to taxes and property ownership — in a gender-neutral way.

In some states, that has played out in legal challenges over states refusing to put both spouses on a birth certificate or to allow them to jointly adopt. 

In Arizona, the conflict is over parental rights and whether the state’s so-called “paternity” statute is about a marriage certificate or biology.

There are still hundreds of statutes on the books in Arizona that mention husband and wife or define marriage as between a man and a woman,including the…

click here to read more.

Share this post

Post Comment